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2008 Indiana Judicial
Judicial Candidate Responses to Indiana Right to Life's 2008 Judicial Candidate Survey
Indiana Supreme Court Judges on the ballot for retention:
Dissented against an opinion upholding Indiana’s 18-hour waiting period before an abortion could be done, stating, "Article I, section 1 of the Indiana Bill of Rights includes the right of a woman to choose for herself whether to terminate her pregnancy." Clinic for Women v. Brizzi, 837 N.E.2d 973, 994 (Ind. 2005). Response to Indiana Right to Life Judicial Survey
Concurred with an opinion upholding Indiana’s 18-hour waiting period before an abortion could be done, stating that he would "explicitly declare that the Indiana Constitution does not protect any alleged right to abortion." Clinic for Women v. Brizzi, 837 N.E.2d 973, 988 (Ind. 2005). Dissented with an opinion that expanded taxpayer funding for abortions through Medicaid in Indiana, stating, “the majority establishes a potentially ever-expanding set of medical conditions that may be transformed into entitlements for state-funded abortions for which there will be no federal Medicaid reimbursement. This is blatantly in contrast to the intentions of both the Indiana General Assembly that enacted Indiana Code 16-34-1-2 and Governor Evan Bayh who signed the bill into law. Humphreys v. Clinic for Women, 796 N.E.2d 247, 795 (Ind. 2003) Response to Indiana Right to Life Judicial Survey
Dissented with an opinion that expanded taxpayer funding for abortions through Medicaid in Indiana, and stated , “I cannot say that the decisions made on the very difficult topic of public payments for abortion, made by Indiana’s elected representatives (and for that matter Congress and President Carter) are so arbitrary and unreasonable that they are unconstitutional. Humphreys v. Clinic for Women, 796 N.E.2d 247, 795 (Ind. 2003)
Response to Indiana Right to Life Judicial Survey Indiana Court of Appeals Judge on the ballot for retention:
Judge Carr Darden Response to Indiana Right to Life Judicial Survey Indiana Tax Court Judge on the ballot for retention:
No addtional information at this time Response to Indiana Right to Life Judicial Survey
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A note about judicial candidate surveys: In Republican Party of Minnesota v. White, 122 S. Ct. 2528 (2002), the U.S. Supreme Court recently held unconstitutional a canon of judicial ethics that prohibited candidates for elective judicial office from announcing their views on disputed legal or political issues. The canon violated the First Amendment because it prohibited speech on the basis of content and burdened speech of political candidates – a category of speech at the core of First Amendment freedoms. This ruling was recently extended in Bauer v. Shepard, No. 3:08-cv-196, where the federal district court for the Northern District of Indiana preliminarily enjoined the enforcement of Canon 5A(3)(d)(i) and (ii)—Indiana’s pledges and promises clause and its commits clause—because the Canon chilled judicial candidates from answering Indiana Right to Life’s 2008 Questionnaire. Judicial candidates may clearly express their views on legal and political issues without fear of being sanctioned by judicial or legal ethics authorities for doing so. Indiana Right to Life, Inc., certainly recognizes that judicial candidates should maintain actual and apparent impartiality. Thus, Indiana Right to Life recognizes that judicial candidates should not pledge or promise certain results in particular cases. Nevertheless, in judicial elections, voters need to know the views of judicial candidates in order to make intelligent and conscientious decisions regarding candidates’ general views on the law and personal values. This questionnaire is intended to elicit candidates’ views on issues of vital interest to the constituents of Indiana Right to Life without subjecting candidates answering its questions to accusations of partiality or requiring candidates to recuse themselves in future cases.
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